Conservative Republicans in the House backed down and allowed the budget vote to go forward on Tuesday, on the promise that a separate vote will be held on the SAVE America Act with a “standing filibuster.”
Now the big question is whether Senate Majority Leader John Thune will allow a standing filibuster to take place, which would then require only a simple majority to pass the SAVE Act.
There are currently 49 co-sponsors of the bill in the Senate, plus Thune. Therefore, with just one more vote, or a tie-breaking vote from Vice President JD Vance, would push the legislation through.
The Washington Examiner explained: The SAVE Act, which requires proof of citizenship upon registering to vote, has already passed the House twice but has stalled in the Senate, where a 60-vote filibuster threshold often puts partisan legislation at a standstill.
Conservatives in the House threatened to tank the “rule” vote, or a party-line vote taken to advance legislation, if the SAVE Act was not attached to the funding bills. But an intervention from Trump quelled the rebellion, and lawmakers like Reps. Anna Paulina Luna (R-FL) and Tim Burchett (R-TN) said the White House promised them the Senate would use a loophole called a “standing filibuster” to pass the SAVE Act.
But that promise seems flimsy, at best. Senate Majority Leader John Thune (R-SD) said on Tuesday he did not commit to a standing or “talking” filibuster, which essentially would mean lawmakers could only block a bill as long as they are willing to stand on the floor and speak.
“I made a commitment to have a conversation about it with our members and try and find out where the consensus of the Republican Conference is,” Thune told the Washington Examiner.
In speaking with reporters, Thune claimed there are a “lot of implications and ramifications” to using the standing filibuster, which he needs to take into consideration.
Rep. Luna had announced Monday evening:
Just left the White House. POTUS wants the SAVE America Act passed! Voter ID is number one. Today, Schumer said he wants mass amnesty for all illegals and to immediately stop all ICE efforts.
After speaking with many senators, as well as directly with POTUS, the pathway forward is through the standing filibuster. This would effectively keep the government open while allowing Republican senators to break through the “zombie” filibuster and put the SAVE America Act up for a vote on the Senate floor.
The standing filibuster is not common parliamentary procedure, but it is one of the only mechanisms available to go around senators who want to block voter ID.
@LeaderJohnThune we are very pleased that you are discussing the standing filibuster, and we believe you will go down in history if this is pulled off as one of the best leaders the Senate has ever had. Voter ID is a must, and the ball is now in your court.
Just left the White House. POTUS wants the SAVE America Act passed! Voter ID is number one. Today, Schumer said he wants mass amnesty for all illegals and to immediately stop all ICE efforts.
After speaking with many senators, as well as directly with POTUS, the pathway forward…
— Rep. Anna Paulina Luna (@RepLuna) February 3, 2026
Rep. Luna later released a meme portraying Thune as an American hero if he will help get the SAVE America Act passed.
cc: @LeaderJohnThune pic.twitter.com/m6n6iGjAyl
— Rep. Anna Paulina Luna (@RepLuna) February 3, 2026
In a video statement, Sen. Mike Lee said, “I’m thrilled that there’s been so much talk today about reinstating the so-called “Talking Filibuster,” the antidote to the “Zombie Filibuster,” in which senators can delay legislation indefinitely without having to speak.
“It’s past time to return to the Talking Filibuster, especially for legislation overwhelmingly supported by the American people but stuck in Senate gridlock. And it’s past time for the Senate to pass the SAVE America Act to protect our elections from foreign interference.”
Rep. Tim Burchett (R-Tenn.) replied, “Let’s roll!”
Let’s roll! https://t.co/ivbsL9Hqx5
— Tim Burchett (@timburchett) February 3, 2026
Already appearing to backtrack on the deal, Thune told reporters, “We will vote on the Save Act, but, um, exercising or triggering a talking filibuster, it has ramifications, implications that I think everybody needs to be aware of.”
He fretted that the talking filibuster ties up the Senate floor for an unlimited amount of time, and they have a lot of issues to address.
Conservative journalist Nick Sortor voiced his fury, writing, “IF YOU CAN’T EVEN PASS A BILL THAT 80% OF AMERICANS SUPPORT, YOU NEED TO RESIGN, @LeaderJohnThune. The implications of FRAUDULENT ELECTIONS are MUCH greater than forcing the Democrats to actually TALK during their filibuster. PUT THEM ON DEFENSE!”
🚨 INFURIATING: Leader John Thune is already BACKING DOWN on the SAVE Act, saying there are “implications” to triggering a “talking filibuster”
IF YOU CAN’T EVEN PASS A BILL THAT 80% OF AMERICANS SUPPORT, YOU NEED TO RESIGN, @LeaderJohnThune
The implications of FRAUDULENT… pic.twitter.com/gqDemChFKX
— Nick Sortor (@nicksortor) February 3, 2026
Rep. John Rose (R-Tenn.) warned on Tuesday, “@LeaderJohnThune is already backtracking on what he reportedly told some House Republicans: that if we reopened the government, he’d keep his word and bring the SAVE Act to the floor. House Republicans MUST hold the line and refuse to fold on something as fundamental as election integrity. The SAVE Act belongs on must-pass legislation.”
🚨@LeaderJohnThune is already backtracking on what he reportedly told some House Republicans: that if we reopened the government, he’d keep his word and bring the SAVE Act to the floor.
House Republicans MUST hold the line and refuse to fold on something as fundamental as… https://t.co/AYkQudcr7w
— Congressman John Rose (@RepJohnRose) February 3, 2026
🚨 JUST ANNOUNCED: Senate Leader Thune says he is NOT yet committing to nuking the 60-vote Zombie Filibuster to allow possible 51-vote passage of the SAVE ACT voter ID and citizenship bill@LeaderJohnThune needs to be pressured into delivering this, backed by 83% of Americans! pic.twitter.com/ojwHCcD45T
— Eric Daugherty (@EricLDaugh) February 3, 2026
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